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(영문) 서울남부지방법원 2016.10.11 2016고정1981
대기환경보전법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaged in a motor vehicle maintenance business under the trade name of Guro-gu Seoul Metropolitan Government “C”.

1. Any person who violates the Clean Air Conservation Act shall install the atmospheric emission facilities and report it to the head of the competent Si/Gun/Gu;

Nevertheless, from April 29, 2004 to April 7, 2016, the Defendant, without reporting the installation of air emission facilities to the head of the competent district office, installed and kept machinery, appliances, materials, etc. necessary for maintaining and maintaining motor vehicles, such as air compresseders, presses, luminous 86.2 square meters within the said workplace, luminous stacks, various paints, dilutions, dilutions, and agents, etc., and operated a business with approximately 10 million won per month of vehicles requested from customers by using them.

2. Any person who violates the Automobile Management Act shall have the facilities provided for in relevant Acts and subordinate statutes and register with the head of the competent office;

Nevertheless, at around 15:20 on March 21, 2016, the Defendant carried out the automobile maintenance business without registering the automobile maintenance business to the head of the competent district office at the same place as Paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Requests for accusation against places of business violating the Air Quality and Health Act; Applications of written accusations, written statements, written confirmations, and field photographs statutes;

1. Relevant Article of facts constituting an offense, Article 90 subparagraph 1 of the Clean Air Conservation Act and Article 23 (1) of the same Act, Article 79 subparagraph 13 of the Automobile Management Act, and Article 53 (1) of the same Act, the selection of each fine;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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